There are a number of myths in circulation surrounding the Probate process and the purpose of this update is to put some of those myths to bed.
Myth #1 – Probate only takes a few weeks to deal with
Nothing could be further from the truth, particularly at the moment! In most cases, it will be several weeks or even months before sufficient information has been collected in order to be in a position to apply for the Grant of Probate. Once the Grant has been obtained it can often take a long time for assets to be collected in and sold and there may be claims against the Estate or tax issues to deal with. Further, there are currently VERY long delays at the Probate Registry. As a result, it is not unusual for the whole process to take up to a year and longer in some instances.
Myth #2 – A “reading...
AVOIDING THE COURT OF PROTECTION
The Court of Protection is a special Court created by the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves.
Court of Protection applications are invariably long winded, stressful, intrusive and very expensive. Unfortunately, sometimes they are absolutely necessary.
One way that a person can reduce their chances of ever being exposed to dealings with the Court of Protection is to execute a document known as a Lasting Power of Attorney (lpa). If this is done, then a person can appoint a relative or friend to deal with issues relating to their property and finances and/or health and welfare (there are two different types of LPA, to deal with both scenarios) in the event of...